LGBT rights in Trinidad and Tobago

Legality of same-sex sexual activity

The Trinbagonian Criminal Code prohibits sex between two people of the same sex, as is the case in much of the English-speaking Caribbean.

Section 13 of the Sexual Offences Act 1986 (Strengthened in 2000) criminalises "buggery". This section states:

(1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment— (2) In this section "buggery" means sexual intercourse per anum by a male person with a male person or by a male person with a female person.

Section 16 relates to "serious indecency":

(1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment— (2) Subsection (1) does not apply to an act of serious indecency committed in private between— (3) An act of "serious indecency" is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.

Enforcement

The Government has not specifically targeted homosexuals under the "buggery" or "serious indecency" laws; however, in limited historical cases, individuals have been charged and convicted of these offences when coupled with other serious crimes. Currently, the law is not known to be enforced.

Decriminalization efforts

On 21 February 2017, Trinidad-born LGBT activist Jason Jones filed a case before the Supreme Court of Trinidad and Tobago seeking to have both Section 13 and Section 16 declared null and void. A date has not yet been set for the hearing.

Immigration ban

Under Section 8 of the Immigration Act, homosexual men and women who are not citizens are not allowed to enter Trinidad and Tobago. However, this law is not known to have been enforced.

(1) Except as provided in subsection (2), entry into Trinidad and Tobago of the persons described in this subsection, other than citizens and, subject to section 7(2), residents, is prohibited, namely-

Enforcement

The law forbidding immigration is not known to have been enforced.

In 2007, a highly vocal campaign opposed Elton John's entry into the country. This was led by the local Anglican Church, in particular Archdeacon Philip Isaac. The Parliament of Trinidad and Tobago rejected the call to bar Elton John from entry, and the concert went ahead as planned in May 2007.

Repeal efforts

A challenge by Jamaican activist Maurice Tomlinson was filed in 2013 to the immigration ban in both Trinidad and Tobago and Belize. Tomlinson asked Jamaica, his home country to insist that the travel bans of these countries be removed based on CARICOM provisions for free movement of citizens of member countries. Jamaica refused, and Tomlinson petitioned the Caribbean Court of Justice asking leave to file the case with them directly. In May 2014, Tomlinson was granted leave to challenge the immigration laws of both countries. In October 2014, CARICOM joined the case as an interested party supporting Tomlinson's arguments. On 18 March 2015, the challenge was heard with allegations that the immigration bans abridge the rights of free movement for Caribbean citizens contained in the Treaty of Chaguaramas. On 10 June 2016, the CCJ ruled that neither Trinidad and Tobago nor Belize had violated Tomlinson's freedom of movement, dismissing his case. As clarification, the judgment noted that neither state can ban homosexuals from CARICOM countries from entering their countries due to their treaty obligations, "notwithstanding their laws that ban the entry of gays".

Public opinion

A poll conducted by the Vanderbilt University in 2010 found that 15.4% of the Trinbagonian population support same-sex marriage.

A UNAIDS survey conducted in 2013 found that 78% of people in Trinidad and Tobago believe that discrimination based on sexual orientation is unacceptable, while 56% consider themselves either accepting or tolerant of homosexuals.

Public political statements on LGBT rights

In December 2012, Prime Minister Kamla Persad-Bissessar responded to a letter protesting the country's anti-gay laws by stating,

With respect to the concerns raised in your letter regarding aspects of T&T's Sexual Offences Act and the Immigration Act which may target persons who identify as lesbian, gay, bisexual or transgender (LGBT), I wish to assure you that due consideration is being given to these issues by my Government. I do not support discrimination in any form against any individual, regardless of their gender identity or sexual orientation. I share your view that the stigmatisation of homosexuality in T&T is a matter which must be addressed on the grounds of human rights and dignity to which every individual is entitled under international law. As such I am pleased to inform you that I have mandated my Minister of Gender, Youth and Child Development, Senator the Honourable Marlene Coudray to prepare and present a national gender policy to Cabinet over the coming months. It is expected that once adopted, this policy will forge the way forward for T&T as my Government seeks to put an end to all discrimination based on gender or sexual orientation.

In June 2016, Prime Minister Dr Keith Rowley responded on the question of protection for LGBT citizens:

I want to make it abundantly clear that every citizen of Trinidad and Tobago, regardless of who he or she may be, will have the protection of the written Constitution. All State agencies have a duty to protect every citizen of Trinidad and Tobago regardless of whom they sleep with.

Social conditions

Trinidad and Tobago is considered a "relatively safe" destination for gay travellers.

Local LGBT activism bodies

There are a few LGBT organisations in Trinidad and Tobago. The Coalition Advocating for Inclusion of Sexual Orientation (CAISO) was founded in 2009 due to a study carried out earlier in 2009 by the University of the West Indies for the Ministry of Social Developments which concluded that four of every five Trinbagonians believe in denying someone rights or equality based on one's sexual orientation. CAISO seeks to encourage public discussion on sexuality issues and include sexual orientation in legislative protections from discrimination.

Other LGBT groups include I Am ONE Trinidad and Tobago, which seeks to address the needs of gender and sexual minorities by building community and providing safe spaces, education and expressive platforms for empowerment, the Silver Lining Foundation, which seeks to end bullying against LGBT youth and the Trinidad & Tobago's FreePride Foundation Project, which advocates for equality, human rights and well-being towards the marginalized non-hetero community.